Document Content

JOINT CIRCULAR

Guiding the one-stop shop procedures for the grant of advertisement permits

Pursuant to the November 16, 2001 Ordinance on Advertisement;

Pursuant to the Government's Decree No. 24/2003/ND-CP of March 13, 2003, detailing the implementation of the Ordinance on Advertisement;

The Ministry of Culture and Information, the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Construction hereby jointly guide the one-stop shop procedures for the grant of advertisement permits as follows:

Section I

GENERAL PROVISIONS

1. Governing scope and subjects of application

1.1. This Circular provides guidance on dossiers, procedures and process of the grant of permits for advertisement on billboards, signboards, panels, banners, illuminating objects, aerial or aquatic objects, means of transport or other moving objects under the licensing competence of provincial/municipal Culture and Information Services;

1.2. This Circular applies to Vietnamese organizations and individuals; foreign organizations and individuals (hereinafter collectively referred to as organizations and individuals) that apply for permits for advertisement in the Vietnamese territory.

2. Requirements for the grant of advertisement permits

2.1. Administrative procedures must be simple and clear;

2.2. Regulations on dossiers, procedures, process, time, charges and fees for the grant of advertisement permits shall be publicized at the reception places of provincial/municipal Culture and Information Services;

2.3. Dossiers shall be received and replies shall be given at provincial/municipal Culture and Information Services;

2.4. Dossiers must be processed in a quick, convenient and timely manner.

3. Interpretation of terms

In this Circular, the terms bellow are construed as follows:

3.1. Ordinary goods and services specified at Points 3.1 and 3.2, Clause 3, Section II, of this Circular are goods and services other than those in the domains of health and agriculture and rural development.

3.2. Copies of the papers specified at Point 1.2; Items b, c, d and e, Point 1.5; and Items a, b, c and d, Point 1.6, Clause 1, Section II, of this Circular are copies made and signed by advertisement permit-applying individuals or copies made, signed and stamped by applying organizations or notarized copies.

Section II

DOSSIERS, PROCEDURES AND PROCESS OF THE GRANT OF ADVERTISEMENT PERMITS

1. Dossier of application for advertisement permits

1.1. An application for an advertisement permit;

1.2. A copy of the business registration certificate of the applying organization or individual;

1.3. Copies of papers proving the goods' conformity with standards and technical regulations under the law on goods quality;

1.4. The advertisement layout design (02 copies), color-printed and signed by the applying individual or stamped by the applying organization;

1.5. For advertisement of goods and services in the health domain, apart from papers specified at Points 1.1, 1.2 and 1.4, Clause 1, Section II, of this Circular, depending on the types of goods and services, one of the following papers is required:

a/ For advertisement of medicines for humans; vaccines, medical preparations; insecticidal and germicidal chemicals and preparations for domestic and medical use; food and food additives: The receipt of the advertisement dossier, issued by the Health Ministry's agencies under the provisions of Point a, Clause 2, Section III, of Joint Circular No. 01/2004/TTLT-BVHTT-BYT of January 12, 2004, of the Ministry of Culture and Information and the Ministry of Health.

b/ For advertisement of foreign-invested medical examination and treatment establishments; medical examination and treatment by modern medical methods conducted directly by foreigners; medical examination and treatment by traditional medical methods of foreign-invested establishments; and medical examination and treatment by traditional medical methods conducted directly by foreigners (including medical examination and treatment with traditional medicines, cosmetic surgery and functional rehabilitation: A copy of the valid practice qualification certificate, granted by the Health Ministry or the provincial/municipal Health Service.

c/ For advertisement of medical equipment and facilities of foreign-invested establishments producing or trading in medical equipment and facilities; imported medical equipment and facilities and medical equipment and facilities of production and business establishments: Copies of technical documents (documents in foreign languages must be translated into Vietnamese), issued by the manufacturer and approved or permitted for sale by the agency in charge of management of medical equipment and facilities of the country of manufacture;

d/ For advertisement of food or food additives not regulated under Item a, Point 1.5, Clause 1, Section II, of this Circular: Copies of the manufacturer standards and the receipt of the dossier on the announcement of food safety, hygiene and quality standards issued by a competent health agency;

e/ For advertisement of home-made cosmetics: A copy of the receipt of the announcement of goods quality standards and the announcement of goods quality standards. For advertisement of imported cosmetics: Copies of the cosmetics circulation permit and the dossier of registration for cosmetics circulation, issued by competent health agencies.

1.6. For advertisement of goods and services in the domain of agriculture and rural development, papers specified at Points 1.1, 1.2, and 1.4, Clause 1, Section II, of this Circular and one of the following papers are required:

a/ For advertisement of plant protection drugs, raw materials used for plant protection drugs, useful organisms used in plant protection, and plant protection supplies: Copies of the registration certificate, use instructions and special warnings;

b/ For advertisement of veterinary drugs: Copies of the product circulation permit and the summary of product characteristics.

c/ For advertisement of plant varieties, animal breeds, saplings and breeding animals: A copy of the certificate of quarantine of imported animal breeds or plant varieties.

d/ For advertisement of fertilizers and medical biologicals used in cultivation; animal feed, animal feed raw materials; and bio-preparations used in husbandry: A copy of the product quality certificate or the product quality announcement.

1.7. For advertisement for goods and services on billboards, signboards or panels, the construction permit may be replaced with a written agreement of the concerned provincial/municipal Construction Service. In this case, apart from the papers specified at Points 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6, Clause 1, Section II, of this Circular, the following papers are required:

a/ The notarized copy of one of the papers on land use rights prescribed by the land law;

b/ In case of land rent, the investor of the advertisement work must obtain a written agreement or a copy of the land lease contract signed with the person having the lawful land use right, which is signed and stamped by the investor of the advertisement work; if the advertisement work is attached to an existing work, a written agreement or contract between the investor of the advertisement work and the owner or the manager of the existing work is required;

c/ The design drawings showing the layout plan, cross-section, elevation view and foundation plan of the work, which are signed and stamped by the investor of the advertisement work. Where the advertisement work is attached to an existing work, the design drawing must show the solution for connecting the advertisement work to the existing work.

2. Procedures for receiving dossiers

Organizations and individuals applying for advertisement permits shall submit dossiers of application directly at provincial/municipal Culture and Information Services. After receiving all papers specified in Clause 1, Section II, of this Circular, the provincial/municipal Culture and Information Service shall issue a dossier receipt to the applicant and record the receipt of the dossier in the dossier receipt book.

3. Process of granting advertisement permits

3.1. For advertisement of ordinary goods and services and goods in the health domain specified at Item a, Point 1.5. Clause 1, Section II, of this Circular, on banners, illuminating objects, aerial or aquatic objects, means of transport or other moving objects:

Within five working days from the date of receiving a valid dossier written in the dossier receipt book, the provincial/municipal Culture and Information Service shall grant an advertisement permit. In case of refusal to grant a permit, it shall reply in writing the applicant, clearly the stating the reasons therefor.

3.2. For advertisement of ordinary goods and services and goods in the health domain specified at Item a, Point 1.5, Clause 1. Section II, of this Circular, on billboards, signboards and panels:

Within 02 working days from the date of receiving a valid dossier written in the dossier receipt book, the provincial/municipal Culture and Information Service shall classify the dossier and send directly or by post papers specified at Items a, b and c, Point 1.7, Clause 1, Section II, of this Circular, together with a written request to the provincial/municipal Construction Service.

Upon receiving the valid dossier, the provincial/municipal Construction Service shall issue a dossier receipt. Within 10 working days after receiving the above papers, the provincial/municipal Construction Service shall verify the dossier. However, it will not directly grant a construction permit but issue a written reply to the provincial/municipal Culture and Information Service, approving for disapproving the grant of the permit. The approval shall be shown in the permit granted by the provincial/municipal Culture and Information Service. In case of disapproval, the provincial/municipal Construction Service shall send a written reply to the provincial/municipal Culture and Information Service, clearly stating the reasons therefor.

The provincial/municipal Culture and Information Service shall grant an advertisement permit within 03 working days after receiving the written agreement of the provincial/municipal Construction Service.

3.3. For advertisement of goods and services in the health domain specified at Items b, c, d and e, Point 1.5, Clause 1, Section II, of this Circular, or goods and services in the agriculture and rural development domain on banners, illuminating objects, aerial or aquatic objects, means of transport or other moving objects:

Within 02 working days from the date of receiving a valid dossier written in the dossier receipt book, the provincial/municipal Culture and Information Service shall classify the dossier and send a layout design specified at Point 1.4 and one of the papers specified at Items b, c, d and e, Point 1.5, Clause 1, Section II, of this Circular, to the provincial/municipal Health Service or send a layout design specified at Point 1.4 and one of the papers specified at Point 1.6, Clause 1, Section II, of this Circular, to the provincial/municipal Agriculture and Rural Development Service.

Upon receiving the valid dossier, the provincial/municipal Health Service or Agriculture and Rural Development Service shall issue a receipt of the advertisement registration dossier. Within 10 working days from the date stated in the receipt, if the provincial/municipal Health Service or Agriculture and Rural Development Service has no request for modification or addition of the dossier, the provincial/municipal Culture and Information Service shall grant an advertisement permit in accordance with the registered dossier.

When a written request for dossier modification or addition is made, the process of receiving the dossier of application for an advertisement permit shall resume from the first step in accordance with Clauses 2 and 3, Section II, of this Circular.

3.4. For advertisement of goods and services in the health domain specified at Items b, c, d and e, Point 1.5, Clause 1, Section II, of this Circular, or goods and services in the agriculture and rural development domain on billboards, signboards and panels:

Within 02 working days from the date of receiving a valid dossier written in the dossier receipt book, the provincial/municipal Culture and Information Service shall classify the dossier and concurrently:

- Send papers specified at Items a, b and c, Point 1.7, Clause 1, Section II, of this Circular, to the provincial/municipal Construction Service and follow the process specified at Point 3.2, Clause 3, Section II, of this Circular;

- Send one layout design specified at Point 1.4 and one of the papers specified at Items b, c, d and e, Point 1.5, Clause 1, Section II, of this Circular, to the provincial/municipal Health Service or send one layout design specified at Point 1.4, Clause 1 and one of the papers specified at Point 1.6, Clause 1, Section II of this Circular, to the provincial/municipal Agriculture and Rural Development Service and follow the process specified at Point 3.3, Clause 3, Section II, of this Circular.

The provincial/municipal Culture and Information Service shall grant an advertisement permit within 03 working days after receiving the written reply of the provincial/municipal Construction Service, Health Service or Agriculture and Rural Development Service.

3.5. Applicants for advertisement permits shall directly pay fees at provincial/municipal Culture and Information Services according to the following regulations:

a/ Fees for the grant of advertisement permits shall be paid according to the Finance Ministry's Circular No. 67/2004/TT-BTC of July 7, 2004;

b/ Fees for verification and grant of the paper on the receipt of advertisement registration dossiers for goods and services in the healthcare domain shall be paid according to the Finance Ministry's Decision No. 44/2005/QD-BTC of July 12, 2005, providing for the collection, remittance, management and use of charges for verification of criteria and conditions for medical and pharmaceutical practice and fees for the grant of import/export permits and medical and pharmaceutical practice certificates, and Decision No. 80/2005/QD-BTC of November 17, 2005, providing for the collection, remittance, management and use of charges and fees for management of food safety, hygiene and quality;

c/ Fees for verification and grant of the receipt of advertisement registration dossiers for goods and services in the agriculture and rural development domain and fees for evaluation of construction works shall be paid according to the law on charges and fees.

Section III

IMPLEMENTATION PROVISIONS

1. Organization of implementation

1.1. Responsibilities of ministries:

The Ministry of Culture and Information shall, within the ambit of its functions and tasks, assume the prime responsibility for, and coordinate with the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Construction and concerned ministries in, performing the state management of advertisement nationwide.

1.2. Responsibilities of provincial/municipal People's Committees:

Provincial/municipal People's Committees shall direct their functional Services to grant advertisement permits according to the one-stop shop mechanism under the guidance in this Circular in a quick and accurate manner, ensuring convenience for applicants for advertisement permits; and conduct regular inspection so as to prevent negative phenomena in the process of granting permits.

1.3. Responsibilities of provincial/municipal Services

a/ Provincial/municipal Culture and Information Services shall, within the ambit of their functions and tasks, assume the prime responsibility for, and coordinate with concerned services in, granting advertisement permits to organizations and individuals; collect relevant charges and fees under the provisions of Point 3.5, Clause 3, Section II, of this Circular and transfer the collected amounts to concerned provincial/municipal Services; and receive complaints and denunciations of organizations and individuals related to the grant of advertisement permits;

b/ Provincial/municipal Health Services shall, within their functions and tasks, coordinate with provincial/municipal Culture and Information Services in receiving dossiers, verifying and issuing receipts of advertisement registration dossiers within the time limit prescribed in this Circular; settle complaints and denunciations of organizations and individuals about the receipt of advertisement dossiers for goods and services falling within their competence and issue replies under the provisions of law on complaints and denunciations;

c/ Provincial/municipal Agriculture and Rural Development Services shall, within the ambit of their functions and tasks, coordinate with provincial/municipal Culture and Information Services in receiving dossiers and issuing receipts of advertisement registration dossiers within the time limit prescribed in this Circular; settle complaints and denunciations of organizations and individuals about the receipt of advertisement dossiers in the agriculture and rural development domain and issue written replies under the provisions of law on complaints and denunciations;

d/ Provincial/municipal Construction Services shall, within the ambit of their functions and tasks, coordinate with provincial/municipal Culture and Information Services in receiving dossiers and issuing their written agreements within the time limit prescribed in this Circular; settle complaints and denunciations of organizations and individuals about the contents of agreement on the construction of advertisement works and issue written replies under the provisions of law on complaints and denunciations.

2. Examination, inspection and handling of violations

2.1. The culture and information, health, agriculture and rural development and construction inspectorates shall, within the scope of their line management, examine and inspect the construction of advertisement works and advertisement of goods and services falling under their line management; and handle violations according to regulations.

2.2. Organizations and individuals engaged in advertisement activities that violate the provisions of this Circular shall, depending on the nature and seriousness of their violations, be administratively sanctioned, forced to pay compensation or examined for penal liability according to law.

3. Effect of the Circular

3.1. This Circular takes effect 15 days after its publication in "CONG BAO."

3.2. The following regulations are annulled:

- Clause 3, Section 3 of and Appendices 2, 3, 4 and 5 to the Culture and Information Ministry's Circular No. 43/2003/TT-BVHTT of July 16, 2003, guiding the implementation of the Government's Decree No. 24/2003/ND-CP of March 13, 2003, detailing the implementation of the Ordinance on Advertisement;

- A content of Clause 5 of the Culture and Information Ministry's Circular No. 79/2005/TT-BVHTT of December 8, 2005, amending and supplementing a number of provisions of Circular No. 43/2003/TT-BVHTT of July 16, 2003, which reads as follows: "For advertisement of sales promotion, it is necessary to produce a receipt of the content of the sales promotion program, issued by the agency performing the state management of trade in accordance with the commercial law."

- A content of Point g, Clause 9, of the Culture and Information Ministry's Circular No. 79/2005/TT-BVHTT of December 8, 2005, which reads as follows: "For advertisement of sales promotion, it is necessary to produce a receipt of the registration of the content of the sales promotion program, issued by the agency performing the state management of trade in accordance with the commercial law."

- Regulations on advertisement registration dossiers and procedures for consideration of dossiers of registration for advertisement of some types of goods and services, including: medical examination and treatment, medical equipment and facilities; cosmetics directly affecting human health specified at Items 1 and 2, Clause 4, Section III, of Circular No. 01/2004/TTLT-BVHTT-BYT of January 12, 2004, of the Ministry of Culture and Information and the Ministry of Health, guiding advertisement activities in the health domain;

- Points b and c, Clause 2; Clause 4, Clause 6, Section III, of Joint Circular No. 96/2004/TTLT-BVHTT-BNN&PTNT of November 3, 2004, of the Ministry of Culture and Information and the Ministry of Agriculture and Rural Development, guiding the advertisement of a number of goods in the agriculture and rural development domain.

3.3. Where the guidance on the grant of permits for advertisement of goods and services in the domains of health and agriculture and rural development, and on the agreement on the construction of advertisement works and the contents of the appendices to this Circular are different from the guidance and the contents of the appendices to the Culture and Information Ministry's Circular No. 43/2003/TT-BVHTT of July 16, 2003, the guidance provided in this Circular and its appendices shall be applied.